In a recent revelation, a legal services provider is sounding the alarm, asserting that landlords could be at risk of criminal prosecution due to breaches of licensing rules that are often deemed “unreasonable and beyond their control.”
Des Taylor, the director of Landlord Licensing & Defence, has raised concerns about the implementation of licensing conditions, arguing that they pose a threat of double jeopardy enforcement and potential entrapment. Despite the introduction of the Renters Reform Bill and the establishment of a landlord portal, Taylor contends that Parliament, along with tenant lobbying organizations and environmental health officers enforcing housing regulations, continues to overlook the promised simplification.
“Despite the Renters Reform Bill introducing a landlord portal and the suggestion that there would no longer be a need for selective licensing, this appears to be ignored by Parliament and by the tenant lobbying organisations along with the environmental health officers who carry out housing enforcement under the Housing Act 2004,” says Taylor.
He points out the increasing prevalence of licensing schemes in city areas outside London, citing examples like the Birmingham City Council and Nottingham City Council schemes. Taylor urges landlords, especially those applying for licenses for the first time or currently holding them, to carefully review the conditions to ensure compliance.
“The Notice of Intent to Grant a Licence is one of the most important documents a landlord will ever receive in the process yet is often taken as a fait accompli. You legally have the opportunity to make representations in a minimum of 14 days, and it is vital if you disagree with any of the conditions that you must make representations,” advises Taylor.
He emphasizes that many landlords and agents may not fully grasp the significance of complying with licensing conditions, stressing the criminal consequences of non-compliance. Taylor also notes that managing agents, if found in violation, can make landlords jointly culpable.
The legal services provider is currently defending cases where landlords and agents are being enforced against despite tenants admitting to property damage and restricting access. Taylor attributes this to landlords inadvertently breaking rules due to a lack of awareness and failure to check the conditions.
Taylor questions the effectiveness of licensing schemes, highlighting a lack of evidence supporting the promised outcomes. He questions why Michael Gove, the Secretary of State for Levelling Up, Housing and Communities, continues to endorse these schemes, especially when their justifications seem unclear and the results are often minimal.
“There does not appear to be any justification most of the time, and some are abandoned, some are renewed yet little, or nothing is achieved by the schemes. Most of the time it is more revenue for the council in licensing fees and the ability to enforce under a breach of licence conditions,” concludes Taylor.